How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95588
Experience:  Lawyer
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

Can I sell my condo to a buyer that I found on my own while

This answer was rated:

Can I sell my condo to a buyer that I found on my own while being still under contract with Realtor? I'm prepared to still pay all applicable commission but complete the transaction without Realtor's involvement at the lawyer's office since I can no longer trust my Realtor after we caught him in a very serious web of lies over the past month. By the way, I do not currently have any signed offers with my Realtor.
DearCustomer- So long as you are prepared to pay the commission you do not have to involve the Realtor. You may want to notify the Realtor so you don't get into a situation where there is a full offer made and you already have a deal. You can simply tell the Realtor to cease all sales activity. If he has an exclusive listing then he will be due the commission for any sale during the listing period but you are not required to have him involved. He will probably want to either attend the closing or have some assurance of being paid from the proceeds. If the Realtor has committed fraud or done something unethical you may be able to cancel the listing for breach of contract and not have to pay any commission. I'm not certain of what it was that happened but you can take the position that the listing agreement was breached and therefor you do no owe any commission.
Customer: replied 3 years ago.

Thanks for the answer, if I understood you correctly as long as I'm willing to contact the brokerage voluntarily on closing day and authorize my lawyer to disperse the commission percentage indicated on your signed Listing Agreement, then there is no reason for me to involve my Realtor at all and by bypassing Realtor I will not be breaking any laws, right?


I just have one follow up, once the buyer signs the offer with me privately, can he make a deposit by a certified cheque payable to my name or it has to be made payable to my lawyers name (in trust) whom I may not have at the time of the deposit?


What is the best work around pertaining to the private deposit without involving the lawyer at that point of the process yet? After all, the buyer will still have get approved for the mortgage, yet, I want to have the peace of mind that the buyer is committed to the acquisition of my property!

I really appreciate you going the extra mile!

You are not breaking any laws by selling the property without the Realtor as it happens all the time. The commission is all the Realtor cares about. I see no reason why the deposit cannot be made to you but the buyer may not want to do that so you may have to have an escrow through your lawyer. I can't predict what the buyer may do so I can't answer that question. If you are going to use a lawyer I'm quite certain the lawyer can guide you through the process as to the various details involved in the contract and the deposit etc.
Customer: replied 3 years ago.

Thanks for being extra kind to me here, I will gladly accept your answer right after this final follow up.

Are you aware by any chance whether everything that you have stated above will be applicable and valid in Ontario, Canada as well?


Perhaps in your long years or experience you had some exposure to Canadian laws pertaining to the questions that I asked. Any guidance would be greatly appreciated especially pertaining to my very first question that dealt with bypassing the Realtor in the transaction.


Thanks a lot!

Sorry but you posted this in the US section so I didn't know you were in Canada and I will have to opt out and refer this to a Canadian lawyer. sorry for any confusion but I have no knowledge of Canadian law. Please do not accept my answer or give a rating until you hear from a a Canadian lawyer.
Customer: replied 3 years ago.

Thanks for your kindness, I don't mind accepting your answer. However, if you insist, please kindly post this question under Canada Law section ASAP. Thanks.

This applies in Ontario as well.

You do not need the realtor involved but so long as the realtor has not breached the contract you do have to honour your obligations to the realtor.

My only concern is that you don't have the training the realtor does or a lawyer does so I would suggest you retain a lawyer now and have the lawyer review the offer before you sign it.

Let me know if you need further clarification.
Customer: replied 3 years ago.

By stating the following: "You do not need the realtor involved but so long as the realtor has not breached the contract you do have to honour your obligations to the realtor."

Are you referring to my obligation to follow through with the payment of commission at closing?


And even though I may still be under the Listing Agreement with a Realtor, there's no law that will prevent me from handling the entire transaction without her involvement and even her knowledge about it as long as once the sale is complete, the realtor's brokerage is made aware of the sale and the lawyer will offer to disperse the agreed commission to it, am I correct?


I have a lot of Realtors among our relatives, so they would be able to give me the necessary guidance along the way but we chose that particular Realtor mainly because we purchased this condo from her about 7 years ago and she specializes in that particular niche of condos that we have but it turned out to be a very unfortunate decision.




Yes I was talking about the commission.

You do not need to involve the agent. So long as you pay her what she is entitled to you will be OK.
Customer: replied 3 years ago.

Thanks :) And in case I will not have a lawyer by the time a private buyer will be willing to sign an offer and leave me his or her deposit, will it be acceptable to ask for a certified cheque made payable to the seller’s name and have the signed offer reflect the receipt of such deposit? If yes, do I simply hold on to it and bring it with me to the lawyer or deposit in the bank and bring my own cheque in place of the one that the buyer has given me?

If they buyer is content with giving you the cheque then you should deposit it.

There is no actual requirement that a lawyer hold onto the cheque.

But the buyer may be concerned about giving you a cheque that is not held in trust.

It would be simpler all around to quickly get a lawyer.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95588
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Previous | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA

Meet The Experts:

  • Tom B.

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
< Last | Next >
  • Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
  • LawyerProfessor's Avatar



    Satisfied Customers:

    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • B.R. Hart's Avatar

    B.R. Hart


    Satisfied Customers:

    Juris Doctor, Member of the Law Society of Upper Canada
  • Jeremie John Martin's Avatar

    Jeremie John Martin


    Satisfied Customers:

    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • Sokkalaw's Avatar



    Satisfied Customers:

    Lawyer in Ontario, Canada
  • CaptanLaw's Avatar



    Satisfied Customers:

    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • Law Maven's Avatar

    Law Maven


    Satisfied Customers:

    Lawyer & Instructor at Algonquin Careers Academy